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The Duty to Respect, Protect, and Fulfil Obligations Relating to Participation in Political and Public Life

Taken as a whole, States’ obligations with regard to the right to participation in political and public life include:

  1. Obligation to respect:

    States must refrain from engaging in any act, custom, or practice that creates barriers to enjoyment of the right to participate in political and public life for persons with disabilities.

    Example: The State does not limit the right of persons with disabilities to vote on the basis of disability in its electoral code and acts to repeal a law that excludes persons under guardianship from voting.

    Example: The State amends its electoral procedures to ensure that persons with disabilities are allowed to be accompanied by a person of their choice to exercise their right to vote, including in the voting booth when casting their vote.

  2. Obligation to protect:

    States must ensure that non-State or private actors do not violate the right of persons with disabilities to participate in political and public life.

    Example: The State takes measures to ensure that election access is included in the programming of domestic and international election monitors.

    Example: The State ensures that election equipment, such as voting booths and electronic voting machines procured for an election, are accessible to persons with disabilities.

  3. Obligation to fulfil:

    States must take proactive steps to ensure enjoyment of the right to participate in political and public life by persons with disabilities.

    Example: The State provides appropriate training of election officials and supports information campaigns that are accessible to persons with disabilities.

    Example: The State undertakes a comprehensive audit of polling centres to ensure that they are accessible to persons with physical disabilities, such as wheelchair users.

In sum, international human rights law makes clear that States have the obligation to respect, protect, and fulfil the rights of persons with disabilities to participate in political and public life and decision-making more generally where their interests are affected.

The enjoyment of the right to participate facilitates the enjoyment of all other human rights.

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